Keys Breeze April 2019

INDIVIDUAL PROPERTY OWNERS PREVAIL IN SMALL CLAIMS CASES AGAINST TKM&YC PG. 8

ANNUAL BOARD ELECTION FOR 2019-2021 TERM PG. 24 LIGHTHOUSE SHORES PEDESTRIAN GATE AND BEACH ACCESS PG. 26

356 Ala Wai Boulevard South Lake Tahoe, CA 96150

Tahoe Keys Property Owners Association

PRSRT STD U.S. POSTAGE PAID RENO, NV PERMIT NO. 200

APRIL 2019

Tahoe Key s P r oper t y O wne r s A s s oc ia t ion

Tahoe Keys Specialists Working in Concert Together

ADELE LUCAS CHRIS HERNANDEZ BROOKE HERNANDEZ 530.545.0888 | 866.541.2200 530.318.6946 | 775.588.6130 530.314.9766 | 775.588.6130 AdeleLucas.com RealTahoeEstates.com RealTahoeEstates.com NV# 0029180 CA# 00838770

SOLD

455 Lido | $1,050,000

SOLD

2181 Balboa | $1,825,000

SOLD

555 Tahoe Keys Blvd #3 | $416,100

NV# 145419 CA# 01477359

NV# S.0071297 CA# 01477800

SOLD

SOLD

1928 Kokanee | $1,100,000

SOLD

NOTE: ALL MEETINGS WILL BE HELD AT THE SOLD TKPOA PAVILION, 356 ALA WAI BLVD., SOUTH LAKE TAHOE UNLESS OTHERWISE NOTED.

2229 Morro | $ 595,000

SOLD

SOLD

5 Lighthouse Shores | $2,127,500

585 Alpine | $873,000

SOLD

1882 Cascade Ct | $1,000,000

1978 Garmish | $1,030,000

439 Ala Wai #143 | $505,500

SOLD

SOLD

1661 Venice Dr | $1,045,000

336 Tahoe Keys Blvd #272 | $655,000

2018 #1 in sales for Tahoe Keys Keys Breeze

|

APRIL 2019

|

2

Make us your choice.

president’s letter

A President's Letter

3

Addressing the Opiod Crisis

6

Property Owners Prevail Against TKM&YC

8

Tahoe Dancing with the Stars

10

Tahoe Keys Wildlife

12

Board Actions Summary

14

2019 Calendar

16

Where in the World

16

St Baldrick's Team

17

ACC Rule of the Month

18

Hazardous Spill Guidance

19

Accounting Report

21

Annual Elections

24

Pedestrian & Beach Access

26

Rules Change Process

28

PUBLISHING DISCLOSURE NOTICE The Keys Breeze is the official monthly publication of the Tahoe Keys Property Owners Association (TKPOA), which is located at 356 Ala Wai Blvd., South Lake Tahoe, CA 96150. Each membership parcel receives one subscription to the Breeze mailed to a domestic address.

Cost to produce and distribute this publication is offset by advertising revenues and budgeted funds. The inclusion of advertising in this publication does not constitute an endorsement or recommendation by the Tahoe Keys Property Owners Association or its Board of Directors of the projects, services or views contained therein.

FOR ADVERTISING OPPORTUNITIES please contact Kathy Hess-Slocum at Just Imagine Marketing and Design at (775) 846-5656, kathy@justimaginemktg.com.

COVER PHOTO: Jim Brooks Printed on recycled paper with soy-based inks.

fter a very substantial winter snow accumulation, we can be sure that Lake Tahoe will be full and the summer boating season will be exceptional. Warmer and dryer weather will also mean budgeted projects will proceed in Tahoe Keys. Infrastructure improvements are necessary to maintain the integrity of our Community. The Budget Committee and staff developed a budget based on the necessary improvement projects and the budget for 2019 was approved by the Board of Directors. A list of the 2019 projects is available for review.

The Board and staff encourage your ideas and suggestions related to TKPOA administrative and operational matters.

"THE BOARD AND STAFF The Board and staff are also inviting suggestions regarding the Annual TKPOA picnic.

ENCOURAGE YOUR IDEAS This popular event allows interaction with AND SUGGESTIONS RELATED Community members and attendance has grown every year. The cost of the picnic has TO TKPOA ADMINISTRATIVE been the focus of discussion among many in the Community. The primary reason for inAND OPERATIONAL creasing expenses is the staff time required for the event. If more Community volunMATTERS. " teers were on hand to coordinate and work at the picnic, staff time could be reduced to save money. There are also other ideas that could save money, and continue the popular social event. Some include changing the date for the picnic, serving appetizers and beverages instead of a full catered meal, charging a nominal fee for guests of the property owners, and limiting the free guests to two people per property. Should you have some other ideas, please submit them.

CONTINUED ON PAGE 4 The Keys Breeze Magazine IS THE OFFICIAL PUBLICATION OF THE TAHOE KEYS PROPERTY OWNERS ASSOCIATION

356 Ala Wai Boulevard South Lake Tahoe, CA 96150 (530) 542-6444 p (530) 541-2521 f tkpoa.com ADMINISTRATIVE OFFICE HOURS

8:30 a.m. to 4:30 p.m. Daily

Jo Ann Wilson

Security (530) 545-0847

Don Havard

Tahoe Keys Water Company (530) 542-6451

Administrative Assistant, Ext. 223 Accounting Manager, Ext. 227

Linda Callahan

Architectural Control Dept.

Manager, Ext. 239

2018–2019 BOARD OF DIRECTORS

Tom Callahan

Robert Meyers, VICE PRESIDENT

Kirk J. Wooldridge

Jim Siegfried, TREASURER

James Brooks

Sean Ward, SECRETARY

Pool Supervisor (530) 545-4124

Heather Houston

Operations Manager, Ext. 228

Keys Breeze

|

APRIL 2019

Dennis Daniel, DIRECTOR Rick Wood, DIRECTOR

Bill Spicer

General Manager, Ext. 224

John Gonzales, PRESIDENT

Facilities Manager, Ext. 226 Project Coordinator/ Property Manager, Ext. 241

TAHOE KEYS PROPERTY OWNERS ASSOCIATION

Front Desk Attendant Dial 0

|

3

Joe Sherry, DIRECTOR

CONTINUATION

In a previous Presidents message, I encouraged the Community to submit human interest stories.

If you have an interesting life experience, it would be great if you would share the information with your Tahoe Keys neighbors. I will share mine.

When I was in my teens, I became a falconer. I raised and trained several species of raptors. Hunting with birds of prey is an ancient sport that is still practiced in many countries. In Mongolia, for example, eagles are trained to hunt, providing food for villagers on the high plateaus and mountains.

I raised 2 golden eagles, 5 kestrel falcons, a prairie falcon, a goshawk, and a great horned owl. My female golden eagle had an 8 foot wingspan and 3 inch talons. She was a very clever rabbit hunter.

The prairie falcon was fast and caught pigeons and ducks with ease. I took the goshawk to the forest where she was very quick to dispatch squirrels and rabbits. Kestrel falcons are often called sparrow hawks. The kestrel is not a hawk and the sparrow hawk is a different bird. I raised both male and female kestrel falcons. They hunted smaller birds like quail. All of my birds of prey became pets and would only respond to me. At a Safeway near my home, a butcher would save scraps of meat for my birds. I would walk to the store where the butcher would give me the meat scraps and I would let one bird at a time loose to follow me to the store. The falcons would fly and perch on the telephone pole near the store and when they saw me come out of the store with the wrapped meat scraps, they would fly down and land on my shoulder waiting for a treat. The eagles would follow me like pet dogs walking with me until I called them up to my gloved left hand. The female golden eagle weighed 16 pounds and my arm became sore and tired after carrying her to the hunting areas. I did not train the great horned owl as he was more of a pet. Owls primarily hunt at night. The photos below are of raptors like the birds that I trained.

Respectfully, John Gonzales TKPOA Board President

Clockwise from top left, the birds are kestrel falcon, prairie falcon, goshawk, golden eagle and great horned owl.

Keys Breeze

|

APRIL 2019

|

4

ONE TAHOE.

ONE YOU.

Orthopedics · Rehabilitation · Performance · Wellness

530.539.6600 BartonOrthopedicsAndWellness.com Keys Breeze

|

APRIL 2019

|

5

Expanding care to address the local opioid crisis APRIL IS SUBSTANCE ABUSE AWARENESS MONTH

By Matthew Wonnacott, MD Barton Community Health Center

Keys Breeze

|

APRIL 2019

|

6

A recent study by Barton Health identified substance abuse as a leading health concern in our community. National Substance Abuse Awareness Month in April marks a good time to be aware of this local issue and help that is available for those struggling with opioid dependency. As many as one in four patients receiving prescription opioids in a primary care setting can develop a dependency.

To address the local opioid crisis and help those struggling with substance abuse, a new Medication-Assisted Treatment (MAT) Program is now available to patients and their families through Barton Health. This federally funded treatment program using Suboxone® is a tremendous benefit to the region – the MAT Program eliminates the need to travel hours to the closest treatment center, and it takes a “whole person” approach that works to remove stigma while providing tools to treat opioid dependency with supportive medication.

The MAT Program is administered to patients who are in withdrawal. Different from Methadone, which requires addiction treatment center visits, or Narcan, which treats overdose, Suboxone® is prescribed directly from an outpatient clinic and is coupled with behavioral health services such as counseling sessions with a clinical social worker. Suboxone® is shown to safely manage narcotic dependency and is taken daily, similar to a medication for high blood pressure, helping the patient stay off opioids.

Medication-Assisted Treatment isn’t just a prescription, it gives patients the tools they need to successfully manage their opioid dependence and potentially quit. It

is possible for people to become victims of circumstance when being prescribed narcotics for injuries, and need legitimate medical help with a resulting dependency. As we work to address the local opioid crisis, it’s important to acknowledge the stigma around addiction. So often this population is stereotyped when they really need resources to quit.

Currently, several care providers across Barton Health have earned their X Waiver, or certification to administer Suboxone®. These providers can treat patients presenting withdrawal symptoms in Barton’s Emergency Department, or with a doctor’s referral at Barton Community Health Center. After patients sign a contract committing to their treatment, they are scheduled for medication and therapy.

Those interested in the MAT Program can talk to their medical care provider for a referral, or call Barton Community Health Center at 530.543.5623. More information on the local opioid crisis and available help will be discussed at Barton’s free wellness lecture on Thursday, February 28 from 6 – 7 p.m. at the Barton Center for Orthopedics & Wellness.

Dr. Matthew Wonnacott is Chief Medical Officer at Barton Health and certified to administer Suboxone® through the Medication-Assisted Treatment Program.

Keys Breeze

|

APRIL 2019

|

7

TKPOA

INDIVIDUAL PROPERTY OWNERS PREVAIL IN SMALL CLAIMS CASES AGAINST THE TKM&YC

By Kirk Wooldridge – General Manager

O

n February 22nd, 2019, a Tahoe Keys Property Owners Association (TKPOA) individual Property Owner appeared in the Superior Court of California – County of El Dorado, South Lake Tahoe, for Small Claims Court Case# SCC2019-0002, versus the Tahoe Keys Marina and Yacht Club (TKM&YC). The Small Claims Case was for the violation of the 1991 Superior Court of California – Stipulation Agreement No: 1225 for the TKM&YC charging $250.00 for a Commercial Marine Service to retrieve his boat from the TKM&YC boat ramp on September 18th, 2018. The TKPOA Property Owner was requesting reimbursement of the $250.00 ramp retrieval fee and related small claims expenses. Kirk Wooldridge – TKPOA General Manager assisted the TKPOA Property Owner as a witness. The TKM&YC was represented by the TKM&YC Bookkeeper.

Honorable Judge Jerald M. Lasarow reviewed the case information provided by the TKPOA Property Owner which included: a statement of events, copies of paid receipts, the 1991 Superior Court of California – Stipulation Agreement No: 1225, the October 10th,

Keys Breeze

|

2018 Contempt of Court Case – Order and Judgment of Contempt (dated November 2nd, 2018).

Honorable Judge Jerald M. Lasarow ruled in favor of the TKPOA Property Owner, that the TKM&YC must reimburse him for the $250.00 ramp retrieval fee, Court costs and expenses. He again reinforced what is stated in the 1991 Superior Court of California – Stipulation Agreement No: 1225 that SECTION IV.C.4. Boat Ramp on Page 12 states: 4. Boat Ramp: Those TKPOA members and Tahoe Keys Beach and Harbor Association (TK&BHA) members shown as members upon the then current year membership lists provided to TKM&YC by TK&BHA and TKPOA have the nonexclusive right to launch and retrieve boats (a) owned by such member or (b) shown upon the then current year membership list as to be used by such member in such year during TKM&YC's regular business hours, without charge by or compensation to TKM&YC, using the boat ramp now or hereafter located upon the land described in Exhibit A-1 and for such purpose to use the roadways now or hereafter located upon the land described-in Exhibit A-1, the size and type of boats being so launched and

APRIL 2019

|

8

retrieved being limited to the size and type of boats which TKM&YC is then permitting members of the public to launch and retrieve using the boat ramp.

He also added that there is no provision in the 1991 Superior Court of California – Stipulation Agreement No: 1225 that indicates who can/can’t launch or retrieve a boat or what type of ownership of a vehicle that is allowed. As long as the boat is in the TKPOA Property Owners name as the Owner and they are a Property Owner as noted on the TKPOA membership list they are entitled to launch and retrieve their boat for free.

He also added that the TKM&YC is “punishing” those Commercial Marine Services by charging this ramp fee when they are launching and retrieving TKPOA Property Owner boats, when they should be free of any launch or retrieval fees.

On Friday March 15th, 2019 another individual TKPOA Property Owner appeared in the Superior Court of California – County of El Dorado, South Lake Tahoe, for Small Claims Court Case# SCC2019-0001, versus the TKM&YC for a similar Small Claims Case for the violation of the 1991 Superior Court of California – Stipulation Agreement No: 1225 for the TKM&YC charging $250.00 for a Commercial Marine Service to launch his boat from the TKM&YC boat ramp on April 30th, 2018.

The TKPOA Property Owner was requesting reimbursement of the $250.00 launch fee and related small claims expenses. Heather Houston – TKPOA Operations Manager assisted the TKPOA Property Owner as a witness. The TKM&YC was not represented in court. Court Commissioner Hoffman presided over the hearing and ruled in favor of the TKPOA Property Owner, that the TKM&YC must reimburse him for the $250.00 launch fee, Court costs and expenses.

Thank you to the two TKPOA Property Owners for their patience and perseverance in filing this Small Claims Case and following through with court hearings.

For any additional information on these Small Claims Cases against the TKM&YC please contact Kirk Wooldridge – TKPOA General Manager, at kwooldridge@ tahoekeyspoa.org or 530-542-6444 extension 224.

TOWN◊HALL◊FORUM Pavilion TKPOA Bottom Barrier Program

Without Bottom Barriers

With Bottom Barriers

April 18, 2019 6PM-7PM

Open Forum with Representatives from the TKPOA Board of Directors, the Water Quality Committee (WQC) Educational Public Information Communication (EPIC) And Architectural Control Department (ACD) Topics to include: Bottom Barriers for Aquatic Weed Management 2019 Harvesting Operations TKPOA EIR/EIS Plan Update Come join us and share your opinions and insight

Visit www.keysweedsmanagement.org for more information

Looking to buy or sell in the Tahoe Keys?

Contact Michael Keller for proven results • 2017 South Tahoe MLS #1 individual broker in total sales value • 2017 South Tahoe MLS top agent in number of sales over $1,000,000 • Tahoe Keys homeowner and full time resident • Full service independent broker • Creative marketing and competitive rates

Michael Keller Broker/Owner Keller Properties 530-307-0027

Michael@TahoeKeysRealty.com CA Broker# 01374418

www.TahoeKeysRealty.com for more info Keys Breeze

|

APRIL 2019

|

9

Tahoe Dancing with the Stars 2019 has a TKPOA Star

by Heather Houston, Operations Manager

C

ongratulations to TKPOA Facilities Manager Tom Callahan and his dance pro partner Rhonda Keen who wowed the crowd on March 2nd, 2019 at the Tahoe Dancing with the Stars Show with their Tahitian dance that brought home the coveted mirrorball trophy!

Several TKPOA Members and Staff members attended the event in support of Mr. Callahan and celebrated the big win. Past Dancing participants and Tahoe Keys members Leon Malmed and Jason Collin also thrilled the crowd and showed off their moves in the opening number of the show.

Mr. Callahan has been with TKPOA since 2014 and quickly became the resident Staff entertainer serving as the MC and Announcer at TKPOA’s Annual Homeowner Picnic and at the Annual Staff Holiday Party. He also performs in several plays and musicals each year put on by the Valhalla Art, Music, and Theatre Festival.

Each year the Tahoe Arts Project (TAP) hosts the Annual Tahoe Dancing with the Stars show in the MontBleu Showroom. 10 locals are paired with professional dancers to perform various styles of dance including Tango, Salsa, Hip Hop, Cha Cha, and many others.

TAP is a non-profit organization that brings arts and cultural enrichment to schools in the Lake Tahoe area. All proceeds from this event benefit TAP.

Keys Breeze

|

APRIL 2019

|

10

Photo left: Tom Callahan and Rhonda Keen.

Photo below: From left: Linda Callahan, Joe Sherry, Lisa Suela, Don Havard, Tom Callahan, Kirk Wooldridge, Vesper Rodriquez, and JoAnn Wilson.

Keys Breeze

|

APRIL 2019

|

11

TAHOE KEYS WILDLIFE Jason Albery, Front Desk Assistant

Y

ou can picture it now; an expansive desert valley, or maybe a soaring range of snow-capped peaks.

Overhead, a majestic silhouette flicks between you and the sun, and you hear the piercing cry of America’s national bird, the bald eagle.

Or do you?

While Hollywood may have led us to believe that the symbolic call we’ve heard in so many TV shows and movies is that of the bald eagle, it’s actually the call of the red-tailed hawk. A bald eagle’s real voice sounds more like something you would expect to hear by the beach; a shrill chirping similar to a high pitched seagull.

Bald eagles have had a rough time in recent history.

In the past, habitat destruction, hunting, and harmful chemicals have had disastrous effects on bald eagle populations.

Keys Breeze

|

APRIL 2019

|

12

Before killing bald eagles was made illegal in 1940, they were often hunted and killed as they were seen as a threat to livestock. Even with the hunting ban, numbers continued to decline as the insecticide DDT saw heavy use throughout the 40s and 50s and made its way into the food chain. (The chemical would make the eagles’ egg shells too thin, making it difficult to reproduce).

By 1963 there were found to be only 417 breeding pairs of bald eagles left in the lower 48 states, and in 1967 they were placed on the endangered species list.

Recovery efforts saw little success until 1972, when the use of DDT was banned in the USA. Since then, numbers have steadily risen, and in 2007 they were taken off the endangered species list. Today there are more than 9,700 nesting pairs in the lower 48 states.

Here in the Tahoe Keys we are lucky enough to have a resident family of bald eagles that can often be seen perched high in a tree, or gliding above the water looking for food.

Bald eagles mate for life, and like most raptors, the female is larger than the male. They often return to and improve upon the same nest each year, and nests developed over many years can be 4 or 5 feet across and weigh up to half a ton. (The Guinness World Record for the largest bird’s nest was recorded in Florida in 1963. A pair of bald eagles built a nest that was 20 feet deep and weighed an estimated two tons!)

Bald eagles lay one to three eggs each year, and the eggs take about 35 days to hatch. After hatching, the baby eagles (called eaglets) typically learn to fly after 3 months, and are out on their own about a month after that.

Whilst a mature bald eagle is relatively easy to identify, even from a distance, did you know that for the first four or five years of their lives bald eagles do not have the characteristic white head? Juvenile birds have brown heads and bodies and mottled white and brown wings, and because of this are often mistaken for golden eagles, hawks or osprey.

If you see them standing, an easy way to tell golden

Keys Breeze

|

eagles and young bald eagles apart is that bald eagles only have feathers on the tops of their legs, while golden eagles have feathers all the way down to their feet. Bald eagles also have much larger beaks, and while flying will glide with their wings almost completely flat, whereas other birds will hold their wings in a slight “v”. If you ever see a bird of prey dive deep into the water to catch a fish, it is most likely an osprey. Bald eagles cannot take off from the water, and need to swim to shore if they become submerged.

If you would like to learn more about our local birdlife, be sure to check out the Lake Tahoe Bird Festival on Sunday June 23rd at the Taylor Creek Visitor Center. Put on by the Tahoe Institute for Natural Science (TINS), the festival is now in its 10th year, and features guided bird walks and a live bird of prey demonstration by falconer Marie Gaspari-Crawford.

So the next time you’re taking a walk along the water’s edge, take a moment to look to the skies, and if you happen to spot a bald eagle, young or old, remember how lucky we are to have these magnificent birds right here in our own back yard.

APRIL 2019

|

13

BOARD ACTIONS SUMMARY

2019 MARCH 16TH – EXECUTIVE SESSION / BOARD OF DIRECTORS MEETING

By Jo Ann Wilson, Administrative Assistant

MARCH 16TH — EXECUTIVE SESSION: BOARD ACTIONS z z z z z z z z

Reviewed 5 personnel matters Reviewed 6 member dispute and disciplinary matters Reviewed 12 legal matters Reviewed 1 contract Approved sending 4 delinquent accounts to collections Reviewed the legal analysis of the Richardson-Ober, PC Community Ink collections actions Approved sending the draft proposal dated March 5th, 2019 to move forward with LHS Encroachment Lot C Reviewed the legal analysis of the Richardson-Ober, PC - United Services Automobile Association Claim

MARCH 16TH — BOARD OF DIRECTORS MEETING: BOARD ACTIONS

z Approved the January 2019 Financial Statements z Approved (RER) for Tahoe Marina Shores- Replace asphalt walkways with pavers Alternative 1: Tieslau Excavating $66,800 plus a $6,680 contingency for a total of $73,480 to be funded out of Tahoe Marina Shores Reserves Fund z Approved (RER) for Islanders 2-External repairs, staining of siding and trim project. Buildings 1&2- 18 Unit's, 276 through 293 - Alternative One (1): Kaczmar Painters Change Order for the sum of $8,550 plus a $855 contingency for a total of $9,405 to be funded out of the Islanders 2 Reserves Fund z Authorized the Special Assessment Vote for the Bulkhead Replacement Project for Cove 3A Property Owners z Approved the increase in Fidelity Insurance Coverage with Hartford Financial Services required by Civil Code Section 5806, and to authorize John Gonzales to sign the required "no known loss letter'' z Authorized the Special Assessment Vote for Reserve Funding for Pinestone 3 Property Owners that are a part of the Reserve Funding Plan z Approved the Pinestone 3 Special Assessment Letter and Voting Ballot to be mailed March 18th, 2019 z Appointed Pat Disney as the Inspector of Elections for the May 18th , 2019 - Pinestone 3 and Cove 3A Voting Ballots z Approved the Water Usage Committee’s (WUC) Town Hall Forum for April 4th, 2019 from 6-8 p.m. – Proposed Boat Sticker Program z Approved the Water Quality (WQ) Town Hall Forum for April 18th, 2019 from 6-8 p.m. – Bottom Barriers for Aquatic Weed Management, 2019 Harvesting Operations, 2019 AIS Program Projects Overview z Approved Alternative 1 - Reno Tahoe Geo Associates, Inc for $4,600 plus a $460 contingency for a total of $5,060 upon completion of design and approval of agencies. Funding to be funded out of TKPOA Common Reserves Fund.

Meeting minutes for the Regular Board of Directors meeting can be viewed on the TKPOA website, www.tkpoa.com, under Documents>>Board Meetings

Keys Breeze

|

APRIL 2019

|

14

Candice Raynor ACNP, MSN, BSN, RN

PURITY AESTHETICS

Candice’s knowledge, experience, and passion coupled with her integrative approach will empower each client on their journey to natural-looking, long lasting results.

“I start by paying attention to the proportions of a client’s face.

It’s about balance and harmony and maximizing the beauty of each person.”

Cosmetic Services: · Botox · LaseMD Glo laser · Fillers by Allergan · Prollenium Versa · Skin rejuvenation including medical grade peels, platelet rich plasma (PRP) injections, and micro-needling · Non-surgical facelifts using polydioxanone sutures (PDO thread lifts) · Kybella (injections to rid double chin) · Latisse (longer and thicker eye lashes) · Image MD skin care line (vegan)

By Appointment Only: Call or text for a complimentary consultation (925) 314-5385 219 Kingsbury Grade Ste. C · Stateline, Nevada

Creative Masonry with the use of brick, block and stone.

Tanner Hart, a Tahoe native and member of Doug’s team has taken over the leadership of Boat Docks and is excited to update and improve the company equipment and techniques while maintaining the integrity that Boat Docks is known for.

boatdocksinc@gmail.com

you how we can make your

BOAT DOCKS

house into a unique home.

INC

Tanner Hart

Let us show

General Engineering PO Box 8233 South Lake Tahoe

530 -541-1111

LIC #369533

BOATDOCKSINC.COM

• CUSTOM DESIGNS • FLOATING DOCKS • FIXED DOCKS • SUPPLIES • • RETAINING WALLS • RAMPS • DECKS • PILINGS • REPAIRS • BUOYS • • MAINTENANCE • SALVAGE • RELOCATION • POLYURETHANE FLOATS •

Keys Breeze

|

established 1973 775-624-6422 | www.kawcakmasonry.com 7955 Sugar Pine Ct. Reno, NV 89523 NV License #017970 CA License#940344 APRIL 2019

|

15

TKPOA 2019 MEETING CALENDAR APRIL 2019

4 Town Hall Forum – Water Usage Committee (WUC) Proposed Boat Sticker Program 6:00 pm 8 ACC Meeting 9:00 am 18 Town Hall Forum –Bottom Barriers for Aquatic Weed Management,

2019 Harvesting Operations 6:00 pm 20 Board of Directors Executive Session 8:00 am 20 Board of Directors Regular Meeting 2:00 pm 22 ACC Meeting 9:00 am 23 Finance Committee Meeting 10:00 am TBD Water Quality Committee Meeting TBD TBD Waterways Usage Committee TBD

MAY 2019

6 ACC Meeting 9:00 am 18 Board of Directors Executive Session 8:00 am 18 Board of Directors Regular Meeting 2:00 pm 20 ACC Meeting 9:00 am 21 Finance Committee Meeting 10:00 am 20 Town Hall Forum - TBD TBD TBD Water Quality Committee Meeting TBD TBD Waterways Usage Committee TBD All meetings will be held at the TKPOA Pavilion, 356 Ala Wai Blvd, South Lake Tahoe unless otherwise noted.

WHERE IN THE universe IS KEYS BREEZE? Attention all TKPOA Homeowners Submit your photo and win!

S

how us where you read the Keys Breeze. Winners will be chosen and given a $20 gift certificate to Chicken in a Barrel.

All images must be submitted electronically. JPEG files are the preferred format and the size needs to be no less than 1 MB. By submitting your photo, you are giving us permission to reprint in Keys Breeze. Please email submissions to Heather Houston at HHouston@tahoekeyspoa.org.

Thank you!

Keys Breeze

|

APRIL 2019

|

16

TKPOA

ST. BALDRICK’S TEAM - 2019 To Donate

by Heather Houston, Operations Manager

on-line

TKPOA staff from the Maintenance Department and Water Compato St Baldricks charity please ny teamed up again for the St. Baldrick’s Fundraiser to benefit the go to: www.stbaldricks.org.

NNCCF (Northern Nevada Children’s Cancer Foundation). The team Every single dollar makes a raised money and shaved their heads, to fight cancer in children at huge difference for these an event that was held on March 15th, 2019 at the Reno Ballroom, in children’s lives. downtown Reno.

Jim Yorkey, Tom Callahan, Daniel Ramirez (and friends), and Raul Hernandez formed a team named #Kylastrong in honor of Jim’s granddaughter, Kyla Yorkey, who recently completed her final chemotherapy treatment for leukemia!!

St. Baldrick’s is a volunteer-driven charity (St. Judes) that funds more in childhood cancer research grants than any other organization, except the US government. The TKPOA team exceeded their goal by raising over $9,000 for the cause!

Keys Breeze

|

APRIL 2019

|

17

ACC Rule of the Month:

Exterior Lighting Considerations By: Linda Callahan, Architectural Control Department Manager Architectural Control Rule; Section 14 - Exterior Lighting The primary intent of rules for exterior lighting in the TKPOA is to: a) Protect property owners from annoyance and obtrusive glare; b) enhance safety, security and usability of the properties; c) provide for installation and maintenance of subtle, low-intensity lighting, which enhances landscaping.

14.01 All exterior lighting, including security lighting,

requires the approval of the ACC before installation.

14.02 Floodlighting is allowed for intermittent use only (30

minutes or less). Floodlights must be aimed, screened,

shielded, or constructed so filaments are not visible

from adjacent lots or common areas. Floodlights must not

be positioned (aimed) to reflect off water surfaces. All

floodlights must be extinguished after 10:00 p.m.

14.03 Accent decorative and landscape lighting should be soft,

low intensity and not offensive to neighbors or to traffic.

14.04 Dock, Ramp and OWP lighting must be low intensity

and must be positioned as to not create reflective glare or

be offensive. Light fixtures may not be placed closer than

12 feet apart. Lights on top of dock piling must be low intensity.

14.05 Solar lights must be low voltage, low intensity and may

be used to enhance landscaping and identify pathways and

other features.

14.06 Security lights programmed to stay on continuously

throughout the night are prohibited. Security lights must

be aimed, screened, shielded, or constructed so filaments

are not visible from adjacent lots or common areas.

Lighting controlled by motion detectors must be limited to

a maximum of five (5) minutes per cycle.

Keys Breeze

|

APRIL 2019

|

18

Hazardous Material Spill/ Release Notification Guidance

By Kirk Wooldridge – General Manager

T

hree years ago on May 25th, 2016 the Tahoe Keys Property Owners Association (TKPOA) experienced large fuel spills in Spinnaker and Starboard Cove.

The TKPOA responded as “first responders” and worked with California Fish and Wildlife (CF&W) and Lahontan Regional Water Quality Control Board (LRWQCB) to investigate and identify the “responsible party”.

The TKPOA Staff had to submit claims for this spill to the Oil Spill Liability Trust Fund (OSLTF) for reimbursement of the clean-up costs of these spills. The OSLTF can be utilized for payment of claims for uncompensated removal costs and damages, when the “responsible party” of a spill is not identified and held responsible for clean-up costs. With that said the Spinnaker Cove and Starboard Cove spills are still under investigation with California Department of Fish and Wildlife, and the National Pollution Funds Center - United States Coast Guard.

Fortunately, on July 26th, 2017 the TKPOA received a letter to finalize the OSLTF Claim 917011-0002 filed with the Nation Pollution Funds Center – US Coast Guard for the Spinnaker Cove Fuel Spill clean-up. The NPFC in accordance with OPA determined that it will compensate the TKPOA for $17,859.09 as full compensation for the OSLTF claim. The total clean-up cost for the spill for the TKPOA was $18,001.09.

Currently TKPOA Staff and Water Quality Staff only respond in a “first responder” role of containing the spill when it is safe to do so, and reporting the spill to the CAL-OES. Our TKPOA staff cannot perform clean-up efforts, and depending on the fill material a rated Oil Spill Response Organization (OSROs) would need to be contracted for clean-up. It is recommended as a boat owner to check with your insurance provider to make sure you have adequate coverage for fuel spill cleanups that may occur that you are responsible for. On the

Keys Breeze

|

TKPOA Website www.tkpoa.com, the “Water Quality – Spill Containment Assistance Published Rates” as of August 1st, 2017 are posted, for costs associated with “first responder” actions.

TKPOA Members and their guests play an important role in protecting the health of Lake Tahoe. Boat sewage, graywater, cleaning products, spilled fuel and oil, trash and aquatic invasive species are all potential sources of pollution. Government alone cannot protect California’s environment and Lake Tahoe. Every boater must take responsibility for pollution prevention and try to minimize the environmental and public health impacts from boating activities.

It is your responsibility as a boater and a member of the TKPOA community to report hazardous materials spills. If in doubt, report the release!

The following are the reporting procedures from the CalOES - California Governor's Office of Emergency Services – California Hazardous Material Spill/Release Notification Guidance [2014]: To report all significant releases or threatened releases of hazardous materials: First Call: 9-1-1 (or local emergency response agency) Then Call: CalOES - California Governor's Office of Emergency Services State Warning Center (800)852-7550 or (916)845–8911.

NOTE: In reviewing our past four reported spills it is also recommended to report all spills to the National Response Center at (800) 424-8802.

SPILL OR RELEASE NOTIFICATION Q: What are the emergency notification requirements in case of a spill or release of hazardous materials?

A: All significant releases or threatened releases of a hazardous material, including oil and radioactive materials require emergency notification to government agencies. The law specifies: • Who must notify • What information is needed

APRIL 2019

|

19

• Which government agencies must be notified • When must government agencies be notified • Release quantity or basis for the report WHO MUST NOTIFY Q: Who is obligated to notify?

A: Requirements for immediate notification of all significant spills or threatened releases cover: • Owners • Operators • Licensees • Persons in Charge • Employers Notification is required regarding significant releases from: • Facilities • Vehicles • Vessels • Pipelines • Railroads State law: Handlers, any employees, authorized representatives, agent or designees of handlers shall, upon discovery, immediately report any release or threatened release of hazardous materials (Health and Safety Code §25510). Federal law: Notification to the National Response Center is required for all releases that equal or exceed federal reporting quantities: (EPCRA) Owners and Operators to report and (CERCLA) Person in Charge to report.

WHEN TO NOTIFY Q: When must emergency notifications be made?

A: All significant spills or threatened releases of hazardous materials, including oil and radioactive materials must be immediately reported. Notification shall be made by telephone.

Also, written Follow-Up Reports (Section 304) are required within 7 days if the release equals or exceeds the Federal Re­portable Quantities. (See web site for more information) WHAT INFORMATION Q: What information is required?

A: State notification requirements for a spill or threatened release include (as a minimum): • Identity of caller • Exact location, date and time of spill, release or threatened release • Location of threatened or involved waterway or storm drains Keys Breeze

|

• Substance, quantity involved, and isotope if necessary • Chemical name (if known, it should be reported if the chemical is extremely hazardous) • Description of what happened Federal notification required additional information for spills (CERCLA chemicals) that exceed federal reporting requirements, which includes: • Medium or media impacted by the release • Time and duration of the release • Proper precautions to take • Known or anticipated health risks • Name and phone number for more information WHICH AGENCIES Q: Who must be notified?

A: Notification must be given to the following agencies: • The Local Emergency Response Agency • 9-1-1 or the local Fire Department And The California Governor's Office of Emergency Services, California State Warning Center: Phone (800) 852-7550 or (916) 845-8911.

When reporting a Hazardous Material Spill/Release in the TKPOA West Lagoons, or East Cove please also notify the TKPOA Security at 530-545-0847.

NO DISCHARGE AREAS It is illegal to release wastes, treated or not, into a federally designated No Discharge Area. Your marine sanitation device (MSD) must be connected to a holding tank or secured to prevent all sewage discharges.

California’s No Discharge Areas are: El Dorado County: Lake Tahoe.

PENALTIES State Law requires that ANY discharge or threatened discharge of oil into STATE WATERS must be reported to Cal OES. (California Government Code (GC) §8670.25.5; California Water Code (WC) §13272, California State Oil Spill Contingency Plan).Federal and state laws provide for administrative penalties of up to $25,000 per day for each violation of emergency notification requirements.

Criminal penalties may also apply.

For additional information on green boating guidelines visit the following Web site: www.coastal.ca.gov/ccbn/ ccbndx.html. For additional information California Hazardous Material Spill/Release Notification Guidance, visit the following Web site: www.oal.ca.gov.

APRIL 2019

|

20

Accounting

Report

By Don Havard, Accounting Manager

T

he Assessment Payment Schedule is located towards the back of every Keys Breeze. Assessments are due on a quarterly basis as indicated in the Assessment Payment Schedule. No other payment plans have been approved by the board, so please pay your assessment in full according to the schedule.

QUARTERLY ASSESSMENT

DUE ON:

DELINQUENT AFTER:

Mail payments to:

1st Quarter 2nd Quarter 3rd Quarter 4th Quarter

January 1st April 1st July 1st October 1st

January 30th April 30th July 30th October 30th

Tahoe Keys POA P.O. Box 1026 Roseville, CA 95678-8437

Quarterly statements are mailed out as a courtesy, however, assessment payments are due even if the statement is not delivered by your mail courier.

Meetings and Approvals

At the March 16th, 2019 Board of Directors meeting, the TKPOA Board reviewed homeowner delinquent accounts, held 1 disciplinary hearing, and directed staff to suspend the membership rights of 4 homeowners along with sending these homeowners to collections. Disciplinary hearings will be held for 5 other homeowners at the April 20th, 2019 Board of Directors meeting.

At the Marth 19th, 2019 Finance Committee meeting,

Keys Breeze

|

the February 2019 Financial Statements were reviewed and approved, along with the 2019 Legal Expense Analysis through February 2019. The Committee also reviewed all delinquent homeowner accounts and homeowner accounts in collections and approved three homeowner requests for a late fee abatement.

As a reminder, the Budget meetings, the Board meetings, and the Finance Committee meetings are open to members of the TKPOA (meeting dates are subject to change).

APRIL 2019

|

21

TAHOE KEYS PROPERTY OWNERS ASSOCIATION OPERATING AND RESERVE FUNDS NET INCOME RESULTS AS OF JANUARY 31, 2019 (ACCRUAL BASIS)

Operating Funds (Year to Date) FUND

INCOME

Annual Expense Budget % Remaining Budget

EXPENSE

NET INCOME

BUDGETED EXPENSE

Reserve Funds (Year to Date)

PERCENTAGE %

NET INCOME

TKPOA COMMON Common

$619,585

$167,333

452,252

$2,184,634

92.3%

50,471

Water Quality

105,943

10,573

95,370

471,699

97.8%

14,887

Water Company

138,226

56,304

81,922

644,126

91.3%

79,557

TKPOA TOTALS

$863,755

$234,211

$629,544

$3,300,459

92.9%

$144,915

SUBDIVISIONS Cove 1

$11,353

$4,578

$6,775

$47,130

90.3%

10,525

Cove 2

17,118

4,170

12,949

41,190

89.9%

10,536

Cove 2A

17,458

5,118

12,340

63,496

91.9%

22,665

Cove 3A

14,013

4,300

9,713

48,034

91.0%

16,009

Cove 3B

11,181

4,505

6,676

43,192

89.6%

12,368

Cove 3C

22,543

6,782

15,761

81,820

91.7%

14,723

Cove 4

11,403

3,101

8,302

43,116

92.8%

12,033

Cove 5

58,146

13,811

44,335

193,466

92.9%

48,194

Islanders I

5,599

1,835

3,764

22,506

91.8%

7,160

Islanders II

11,324

3,392

7,932

39,524

91.4%

11,700

Islanders III

23,709

6,091

17,618

80,888

92.5%

13,554

Tahoe Marina Shores

30,707

7,719

22,988

118,959

93.5%

20,239

Lighthouse Shores

10,725

4,658

6,067

37,620

87.6%

4,512

PineStone East

296

246

50

1,206

79.6%

999

PineStone West

1,339

64

1,275

752

91.5%

204

833

236

598

2,827

91.7%

4,074

$247,748 $1,111,502

$70,605 $304,816

$177,142 $806,686

$865,726 $4,166,185

91.8% 92.7%

209,497 $354,412 s

12

91.7%

PineStone 3

SUBDIVISION TOTALS ASSOCIATION TOTALS Operating Months Remaining

11

ACCOUNTING REPORT Keys Breeze

|

APRIL 2019

|

22

TAHOE KEYS PROPERTY OWNERS ASSOCIATION OPERATING AND RESERVE FUND BALANCE RESULTS AS OF JANUARY 31, 2019 (ACCRUAL BASIS)

FUND

OPERATING

RESERVE

TKPOA Common

$266,989

$635,981

$-

162,021

Water Quality

203,296

124,187

Water Company

80,000

361,455

TKPOA TOTALS

$550,286

$1,283,644

Com- Channels & Lagoons

SUBDIVISIONS Cove 1

$49,863

$279,642

Cove 2

51,525

169,172

Cove 2A

26,395

196,061

Cove 3A

9,653

269,934

Cove 3B

18,394

360,931

Cove 3C

30,055

375,204

Cove 4

38,984

212,778

Cove 5

$(9,055)

757,542

Islanders I

34,707

223,983

Islanders II

11,314

197,172

Islanders III

25,359

445,500

Tahoe Marina Shores

55,263

87,344

Lighthouse Shores

72,129

258,435

PineStone East

8,251

31,759

PineStone West

2,890

10,354

PineStone 3

25,928

38,954

SUBDIVISION TOTALS ASSOCIATION TOTALS

$451,654 $1,001,939

$3,914,762 $5,198,406

ACCOUNTING REPORT Keys Breeze

|

APRIL 2019

|

23

ANNUAL ELECTION 2019-2021 TERM

Seeking Volunteers for Board of Directors

By Kirk Wooldridge – General Manager

T

he time is approaching when the Tahoe Keys Property Owners Association (TKPOA) will start seeking candidates for the three seats on the Board of Directors that will be vacated at the end of the current term of office. Board Members: John Gonzales President, Sean Ward - Secretary, and Joe Sherry - Director have their 2018-2019 terms coming to an end, Vice President Robert Meyer, Treasurer Jim Siegfried, and Directors Rick Wood and Dennis Daniel still have their 2018-2020 terms to complete. A mailing to all TKPOA property owners will be going out on May 15th, 2019 announcing the upcoming election and requesting you to volunteer your services as a TKPOA Board Member through the Self Nomination process.

FROM THE TKPOA BYLAWS ARTICLE VII, BOARD OF DIRECTORS, Section 2. Number and Qualification of Directors.

The Board of Directors shall consist of seven (7) persons who shall be Owners of Lots whose memberships are in good standing with all assessments current and not subject to any suspension of membership rights. Only one Owner per Lot shall be eligible to serve on the Board at any time and at least one of the 7 Board positions shall be occupied by a Townhouse Owner.

Section 3: Term of Office.

Each director shall serve for a term of two (2) years, with three (3) directors elected in odd-numbered years Keys Breeze

|

and four (4) directors elected in even-numbered years.

No individual shall serve more than two (2) consecutive two-year terms on the Board. Each director, including a director elected or appointed to fill a vacancy or elected at a special meeting of Members, shall hold office until the expiration of the term for which he or she was elected and until a successor has been elected and qualified.

Board of Directors The Association has responsibility for its common elements as well as the management and operation of the Association's business affairs; all in accordance with standards established by the Governing Documents. To the extent that an association (in our case non-profit 501(c)(4) corporation) has such authority and control, it is its Board of Directors that carries out these duties and responsibilities. TKPOA’s responsibilities include: on-going maintenance functions, upkeep of the common elements, and to provide and direct TKPOA Management and Staff. The TKPOA Board's authority includes all of the powers and duties enumerated in general law, as long as these powers are not inconsistent with the provisions of the Governing Documents of the Association. To be successful, the TKPOA Board of Directors must uniformly and fairly govern the community, and it must have a reasonable level of participation by each of its members over time.

The duties include: preparing for and participating in APRIL 2019

|

24

12 Open Board Meetings during the year, 12 Executive Session Meetings during the year, serving as liaison to a standing committee, providing articlesfor the monthly Keys Breeze, and participating in Town Hall Forums and other meetings to represent the Association and to seek input from members. It requires the contribution of 20 hours per month to 20 hours per week. If you have questions about running for the Board, the current and prior Board Members are a good resource of information.

Officers of the Association Once the Board of Directors have been elected, each year Article XI of the TKPOA Bylaws requires that the President and Vice President shall be elected by the Board from among the Directors. The Board may appoint, or may empower the President to appoint, such other officers (Secretary and Treasurer) as the affairs of the Association may require, each of whom shall hold office for such period, have such authority and perform such duties as are provided for in the Bylaws and as the Board may from time to time determine.

The TKPOA acts through its officers, committees, TKPOA Management and Staff. The Board of Directors makes the policies for the Association, but the officers, committees, TKPOA Management and Staff carry out these policies and administrative functions for the community. All of the officers have an affirmative obligation to act with utmost good faith towards the Association and cannot deal in the funds or the property of the Association to their own self-advantage.

I invite your candidacy as an Association Director for the coming Fiscal Year 2019-2021 two-year term.

The successful operation of our Association is dependent on a qualified and dedicated Board of Directors.

The Board meets each month based on an agreed upon yearly schedule at the TKPOA Pavilion to conduct Association affairs and provide Members an opportunity to express their views and offer suggestions.

To receive additional information on Board candidacy please contact Jo Ann Wilson at 530.542.6444 Extension 223 or email at JWilson@tahoekeyspoa.org. If you are a “Member in Good Standing�, as defined in the TKPOA Bylaws Article VII and are interested in serving as a Director, you may nominate yourself as a candidate. Candidates MUST be registered by no later than June 15th, 2019 at 4:30 pm in order to be included on the ballot. Members, who have registered by the deadline, will automatically become candidates and their statements and photographs will be included with the ballot mailed to all members.

2019 ARCHITECTURAL CONTROL COMMITTEE MEETING SCHEDULE January 7

February 4

March 4

April 8 & 22

May 6 & 20

June 10 & 24

July 8 & 22

August 5 & 19

September 9 & 23

October 14

November 11

December 9

All meetings are held at the Pavilion and begin at 9:00 a.m. unless otherwise posted. ACC application submittals are due by noon Wednesday prior to the meeting date. For more information please contact Linda Callahan, ACD Manager, at 530-542-6444, ext. 239, or lcallahan@tahoekeyspoa.org Keys Breeze

|

APRIL 2019

|

25

Lighthouse Shores:

Pedestrian Gate and Beach Access

By Heather Houston, Operations Manager

AS

summer is approaching we would like to remind all property owners of the rules associated with the use of the gate at Lighthouse Shores (LHS) Lot C and Lot A. Through recent Tahoe Keys Property Owners Association (TKPOA) Security Patrols and reviewed Security Camera footage, there have been violations of the Superior Court Case SV-92-0066 Judgement by TKPOA Property Owners and their guests in violation of the following: z Bringing dogs into LHS Lot C on or off leash. z Allowing Guests or Vacation Renters to use their TKPOA Member Photo ID card for access to LHS Lot C without the immediate presence of the TKPOA Member z Trespassing on the adjacent LHS Properties

THE RULES The rules are straightforward. TKPOA Members should observe the following provisions pursuant to Superior Court Case SV-92-0066: z TKPOA Members with a valid TKPOA Member Photo ID card and guests in the immediate presence of their sponsoring member will be permitted access. Access is only permitted to TKPOA property owners using their photo Member Access card issued by TKPOA. This card is not transferrable; it is not to be loaned or used by anyone other than the property owner to whom it is issued. If you have lost your card or wish to have another one issued, please visit the Pavilion office. z There are no dogs or bicycles allowed, no exceptions. This is clearly posted on the gate and there are bike racks inside the gate. z Access through this gate is allowed from 7:00AM-9:00PM except during the summer, during which time the hours will be extend to 10:00PM NO DOGS No Dogs or other pets allowed in LHS. Please remember dogs must be on leashes throughout the TKPOA per El Dorado County Ordinance Title 6 – Animals, Chapter 6.04. General Provisions, Section 9.46.600.

For the safety of your dog, TKPOA members and their guests please keep your dog on a leash. Dogs are welcome on their leash at the Pavilion Beach area.

NO TRESPASSING When entering through the LHS pedestrian gate, you are on Lot C which is a narrow lot with Pope Marsh

Keys Breeze

|

APRIL 2019

|

26

on the left and private residences on the right. TKPOA does not own the properties to the right of Lot C. This is private property and the No Trespassing law per California Penal Code 602PC applies. The City of South Lake Tahoe Police Department will be called for trespassing on these properties. The TKPOA has clearly marked the property lines on the right of the lot. The left side of the lot has a chain link fence all the way down to the beach on the Pope Marsh side.

Lot C can be used to access Pope Marsh on the left, however access to the beach on the right is prohibited as this is private property and to do so is considered trespassing (CA 602PC). Access to the right is also a dead end at the West Channel Bulkhead. During Lake Tahoe high water events there is typically no Public Trust beach access. To access Lot A at the end of the LHS roadway at the West Channel Bulkhead, you should walk down the LHS paved roadway.

Pursuant to the Superior Court Case SV-92-0066 Judgement the TKPOA is responsible for the maintenance and security obligations in enforcing this judgement, and at this time the enforcement of these violations including trespassing violations on the adjacent LHS property will be pursued. Based on TKPOA Security Patrols and pedestrian gate Member Card reader identification system, the TKPOA has issued warning notices and in some cases, fines, to those members in violation of the LHS Gate Access as specified in the Superior Court Case Judgement.

The TKPOA Board of Directors will continue to utilize the Member Discipline process in accordance with

Keys Breeze

|

Civil Code Section 5855 and TKPOA Bylaws Article VI, Membership Rights Section 5, Article IX, Duties and Powers of the Board Section 1(r), and TKPOA Declaration of Covenants, Conditions and Restrictions (CC&R’s) Article XII, Breach or Default, Section 6 (a-f), to enforce this Superior Court Case SV-92-0066 Judgement, related governing documents, and rules.

The LHS pedestrian and vehicle gates are under continuous surveillance and all TKPOA Member Photo ID Card access is recorded so it is easy to track any violations. Once the violations are identified with the responsible Property Owners through the Member Discipline Hearing process, TKPOA Property Owners could face their individual and property Member Photo ID card access privileges suspended, Member Photo ID Cards confiscated, and potential fines.

The TKPOA is requesting that all property owners please respect these rules so that we can all continue to enjoy this privilege of accessing Lot C and Lot A. Continued violations and flagrant abuse of these rules could result in legal claims against the TKPOA and potential gate closures.

For additional questions please contact the TKPOA Front Desk at 530-542-6444, Monday through Sunday 8:30AM-4:30PM. Additional information is also available on the TKPOA Website www.tkpoa.com, or contract TKPOA Security at 530-545-0847.

APRIL 2019

|

27

The TKPOA Rules and

THE RULES CHANGE PROCESS

By Kirk Wooldridge – General Manager Like many community associations, the Tahoe Keys Property Owners Association (TKPOA) has a set of written “Governing Documents” which includes our Articles of Incorporation, BYLAWS, Declaration of Covenants, Conditions, and Restrictions (CC&R’s), Architectural Control Rules (ACR) and Operating Rules.

As mentioned above in addition to our BYLAWS and CC&R’s, the TKPOA also operates under the Architectural Control Rules (ACR) and Association Operating Rules. These rules like the BYLAWS and CC&Rs have even more of a “day to day” or individual effect on our Property Owners, and as such, tend change more with the “times”, current usage of amenities, and changes in building products. So it is important to realize that any Property Owner can propose an ACR or Operating “rule change” or change to the BYLAWS and CC&R’s and there is a process for these proposed rule changes.

The Architectural Control Rules (ACR) are the “design standards” for properties in the TKPOA. Some TKPOA property owners mistakenly believe these standards restrict their individual expression; actually they provide a framework within which each property owner can express individual tastes and preferences. The standards have been carefully developed to reflect a balance between individual rights and the good of the entire association – that is, continuing to maintain and improve property values.

These guidelines maintain architectural standards and provide a basis for treating all property owners fairly

Keys Breeze Keys Breeze

|

|

and reasonably. Written guidelines allow you and the Architectural Control Committee (ACC) to work from the same criteria, and are published as the Architectural Control Rules (ACR), TKPOA Bylaws and CC&R’s.

Sometimes architectural rules and requirements can be complex. The ACR’s rules show you exactly what is required so you can comply with the community’s standards. The ACC wants the paperwork to be as simple as possible for everyone. The ACR rules take the guesswork out of your application and their decision making.

The ACR rules provide criteria for the current ACC to make appropriate decisions, and for future committees’ to make decisions that are consistent. Otherwise, the application approved today may be found unacceptable by future committee members when construction is completed.

The ACR rules clarify the association’s authority in this area. California State statutes and our Governing Documents give the TKPOA a legal right to enact and enforce design standards. The ACR rules spell this out so everyone understands they must comply even if they don’t agree.

The Association Operating Rules are any regulation adopted by the Board of Directors of a condominium or homeowners association that applies to the management and operation of the association or the conduct of its business and affairs. Civil Code §4340. This includes pets, parking, use of the common areas, member discipline, architectural standards, election procedures, any schedule of monetary penalties, etc. Civil Code §4355(a). Excluded are decisions relating to common area maintenance, a

APRIL 2019 DECEMBER 2018

|

|

28

28

specific matter (as opposed to a general policy), assessment amounts, a non-discretionary rule change required by law, or a rule that repeats existing law or the association's bylaws, CC&Rs or articles of incorporation. Civil Code §4355(b). Enforceability of rules, as provided for in Civil Code §4350, an operating rule is enforceable if: (1) it is in writing, (2) it is within the board's authority, (3) it is consistent with governing law and the associations governing documents, (4) it is adopted in good faith, and reasonable.

THE RULES CHANGE PROCESS There is a specific process that must be followed for rule changes. Any Property Owners of the Association in good standing or Association management may submit a proposed rule change. First, the section/subsection of the existing rule must be documented verbatim. Then any additions to the rule should be inserted using bolded underlined text. Any deletions should be shown using strikethrough. A Purpose and Effect statement must also be included with the proposed change and should explain the purpose for the change and the effect the change will have. Once drafted, the proposed change goes through the following process: For Association Rules 1. Proposed changes are first submitted to the TKPOA Staff and Board of Directors. The TKPOA Staff will review the proposed rule change(s) and check it/them for proper format and ensure that it/they are not in conflict with any other governing documents, California Civil Code, ordinances or laws and to determine next steps, such as ACC or Legal Counsel Review. The proposed rule change is then placed on the next TKPOA Board of Directors Regular Meeting agenda upon the Board Presidents approval. The member submitting the proposed change should attend the meeting. All TKPOA members in good standing are welcome to attend these meetings.

2. If the Board of Directors approves the rule changes, it is then approved to be published in the Keys Breeze or sent as a mailing to all members for the required 28 day review period.

3. Requests for rule changes can be emailed to the TKPOA Board Administrative Assistant, Jo Ann Wilson, jwilson@tahoekeyspoa.org or they can be dropped off at the TKPOA Pavilion Office. Requests should be submitted at least ten days prior to the next scheduled Board meeting date.

Notice of Proposed Change. Before adopting or amending an operating rule or changing a fine schedule, the Board must "provide written notice of a proposed rule change to the members at least 28 days [As of January 1st, 2019 this has changed from 30 days] before making the rule change." The notice must include the text of the proposed rule change and a description of its purpose and effect. Notice is not required if the board determines that an immediate rule change is necessary to address an imminent threat to public health or safety or imminent risk of substantial economic loss to the association. Civil Code §4360(a).

Method of Notice. The method of providing notice of a rule change is described in Civil Code §4360 as the methods approved by Civil Code §4040, §4045 and §4050.

TKPOA gives notice to the TKPOA member of proposed rule changes by publication in a TKPOA Keys Breeze monthly magazine that is mailed to all members of the Association or through a direct mailing. The Keys Breeze is the official Monthly Publication of the Tahoe Keys Property Owners Association. The Keys Breeze magazine is also available via our TKPOA website: www.TKPOA.com. (Also on the TKPOA website is additional information on the ACC Rules, CC&Rs, Operating Rules, and Bylaws change process) It is during this 28 day time period once the Notice of Proposed change is posted that the TKPOA Board of Directors would like to hear TKPOA members’ questions or concerns on the proposed rule change through attending regular monthly TKPOA Board meetings, emails and phone calls, attending the corresponding TKPOA Committee Meetings that the rule change may have originated with, or through contacting the TKPOA Administrative Assistant.

4. After the 28 day review period the proposed change will go back to the Board for approval to be adopted. Any member feedback that has been provided during the review period is considered by the Board before a decision is made.

5. If the Board approves the proposed change, it is published in The Keys Breeze, or sent as a member mailing a second time as a notification to the membership that the rule has been changed along with its effective date.

Notice of Adoption. Within 15 days of voting on the rules, the board must notify the membership of the results of the vote. Civil Code §4360.

CONTINUED ON PAGE 30 Keys Breeze

|

APRIL 2019

|

29

THE TKPOA RULES AND THE RULES CHANGE PROCESS CONTINUED FROM PAGE 29 Once adopted the new rule or rule change is added to the Association Operating Rules/ “Governing Documents” and is enforceable. The TKPOA Operating Rules and Governing Documents are enforceable by the TKPOA Board of Directors through the TKPOA member discipline process, suspension of privileges, fines, and in some cases El Dorado County Ordinances and Codes.

The TKPOA Board of Directors can approve Emergency Rule Changes under the Davis Stirling Act - Civil Code. If the board determines that an immediate rule change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the association, it may make an emergency rule change and no 28-day noticed waiting period is required. An emergency rule change is effective for 120 days, unless the rule change provides for a shorter effective period. Civil Code §4360. Any TKPOA member can propose a rule change or change to our Governing Documents, which include the Asso-

ciation Rules, the Bylaws, CC&R’s and the Architectural Control Committee (ACC) rules.

Once the Emergency Rule has been approved it then follows the Operating Rules process for adoption as a permanent rule change of the TKPOA Association Rules. TKPOA Association Rules are operating rules that are defined by California's Davis-Stirling Act. Based on ongoing updating and adding to our rules, the TKPOA Board of Directors, Architectural Control Committee (ACC) and TKPOA Community members are all looking to improve the Tahoe Keys for all of its Property Owners. Not only to improve safety, but to maintain costs of operating the Association as well as protect your property values. If you need a copy of the current TKPOA Association Operating Rules and Governing Documents they can be found on the TKPOA website: www.TKPOA.com, or stop by the TKPOA Pavilion Office: Monday through Sunday 8:30AM-4:30PM.

Custom Boat Docks

YOUR AD HERE! ADVERTISE YOUR SERVICE HERE.

Only $100 per issue! For more information contact Kathy Hess-Slocum at 845-5656 or kathy@justimaginemktg.com

BOAT DOCKS 541-1111 Call for a free estimate!

Doug Gayner • keysboatdocks.com • dgayner@ymail.com General Building & Engineer Contractor • LIC #369533

SHORELINE GENERAL ENGINEERING INC.

545-3188

Docksndeckslaketahoe.com • CA LIC #692692 Docks • Ramps • Pile Driving • Platforms • Piers • Fencing Welding • Custom Railings

Shoreline General Engineering Inc. Docks Ramps Pile Driving Platforms

Piers Fencing Welding Custom Railings

530.545.3188

CA LIC # 692692

www.docksndeckslaketahoe.com Keys Breeze

|

APRIL 2019

|

30

A trusted name in Tahoe Keys real estate for over 30 years.

PETER DELILLI

A trusted name in Tahoe Keys real estate for over 30 years.

The Tahoe Keys real estate market is always changing. Whether buying or selling, allow Peter to guide you using his expertise and reliable service to get the job done!

JUST

LISTED

JUST

SOLD

555 TAHOE KEYS BLVD. #13

2072 TRAVERSE CT.

3 bedrooms | 2.5 baths | 1522 sf | $595,000

4 bedrooms | 2 baths | 1756 sf | $620,000

PETER DELILLI 530.308.4331

PETER DELILLI 530.308.4331

Tahoe Keys Real Estate Expert and Resident

Tahoe Keys Real Estate Expert and Resident CalBRE# 00923047 CalBRE# 00923047

PeterDeLilli3@gmail.com

PeterDeLilli3@gmail.com PeterDeLilli.com for all Tahoe Keys properties PeterDeLilli.com for all Tahoe Keys properties

or email CallCall or email meme andand I can quickly tell you the I can quickly tell you thevalue valueof ofyour yourproperty property.

Mike Sells the Tahoe Keys Representing Buyers and Sellers...

I sold all of these Tahoe Keys Homes.

If you are looking for a hard working realtor who knows the Tahoe Keys market, give me a call.

I will tell you over the phone what your home is worth!

MIKE WYATT 530-545-1735 TahoeKeys@hotmail.com MyTahoeKeysRealtor.com BRE# 01228040